A 20-year-old Kenosha man who threatened to “shoot it out” with police last month is being held in the Kenosha County Jail on a $50,000 cash bond after several charges were filed Thursday.
Xavier C. Rodriguez, of the 4600 block of 29th Avenue, is charged with felony counts of theft, possession of a firearm by a convicted felon, failure to comply with an officer’s attempt to take a person into custody and possession of a firearm while intoxicated.
All four charges carry a repeater modifier, which could lead to additional penalties. The felonies carry a total prison term of 20 years, three months and a fine of $55,000. Because of the repeat-offender modifier, Rodriguez faces an additional four years on each count.
Rodriguez, who made his initial appearance Thursday before Kenosha County Circuit Court Commissioner Loren Keating, is scheduled for a preliminary hearing on Thursday.
According to the criminal complaint, an officer met with a woman March 15, who stated her firearm was stolen from her residence, where the defendant had been staying. The woman stated the gun had been hidden in a closet, but after she gave the defendant a ride to a friend’s house, she found that it was missing. She said she spoke to Rodriguez, who admitted he had it and told her he had to “handle something.” Rodriguez kept promising to bring the gun back, but by 8 a.m. the next day, he stopped answering the woman’s text messages, the complaint states.
Police found a live stream on social media with the defendant, who was joined by two other men, holding a firearm. The officer knew that Rodriguez and one of the other men are convicted felons, and that Rodriguez had an active warrant from the state Department of Corrections for his arrest.
Officers then responded to a residence in the 1100 block of 61st Street, where about 10 adults and several children were ordered to exit. A text message was sent to the defendant telling him to exit, and he responded, “It ain’t happening.”
One of the men observed on the video tried to get Rodriguez to exit, but he stated he was going to “shoot it out” with police.
Parents urge surrender
At that point, the Tactical Response Team responded. After about 30 minutes, the defendant’s parents were able to convince him to exit, and he was taken into custody. The complaint states Rodriguez had a cut on his thumb that required 11 stitches to close.
Police found a black 9mm Taurus loaded handgun under a washing machine, which was the same one reported stolen.
Rodriguez admitted he had been drinking alcohol and took Ecstasy. He said the cut to his thumb happened after he punched a window. The defendant stated that “he thought about blasting his way out, but knew that was not a good option given the number of officers surrounding the house.”
The defendant also stated he had been “absconding” from his supervision for the last seven months and that he had been in two police chases during that time. He also said he could hear his mother crying on the phone, which is why he came out, because “before that, he was thinking of either shooting himself or getting into a shootout with police.” Court records indicate that Rodriguez was convicted of a felony charge of theft as a party to a crime in 2017, and for being a felon in possession of a firearm in 2019. In addition to the $50,000 cash bond, records show that he’s being held in jail on a parole hold.